[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR257.3-2]



[Page 375-376]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 257_CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES 

AND PRACTICES--Table of Contents

 

    Subpart A_Classification of Solid Waste Disposal Facilities and 

                                Practices

 

Sec.  257.3-2  Endangered species.



    (a) Facilities or practices shall not cause or contribute to the 

taking of any endangered or threatened species of plants, fish, or 

wildlife.

    (b) The facility or practice shall not result in the destruction or 

adverse modification of the critical habitat of endangered or threatened 

species as identified in 50 CFR part 17.

    (c) As used in this section:

    (1) Endangered or threatened species means any species listed as 

such pursuant to section 4 of the Endangered Species Act.

    (2) Destruction or adverse modification means a direct or indirect 

alteration of critical habitat which appreciably diminishes the 

likelihood of the survival and recovery of threatened or endangered 

species using that habitat.

    (3) Taking means harassing, harming, pursuing, hunting, wounding, 

killing,



[[Page 376]]



trapping, capturing, or collecting or attempting to engage in such 

conduct.